LEAPFROG CONCEPTS PTY LTD WEBSITE TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MUST NOT ACCESS OR USE OUR WEBSITE.
1. About this Website
Leapfrog Concepts Pty Ltd ABN 28 663 686 459 (“we”, “us”, or “our”) operates this website https://leapfrogconcepts.com.au/ (“Website”). When using our Website, you must at all times comply with these terms of use (“Terms of Use”), any directions we give you, and all applicable laws. In these Terms of Use, a reference to our Website includes all information, documents, files, text, logos, graphics, images, photographs, videos, material, software and other content (“Content”) available on our Website.
2. Legally binding Terms of Use
By accessing or using our Website, you agree to be bound by these Terms of Use, which constitute a legally binding agreement between you and us that applies to all matters arising out of, or in connection with, our Website. If you are a representative of an organisation, then you agree to be bound by these Terms of Use on behalf of your organisation, and you warrant that you have full legal authority to bind your organisation to these Terms of Use. If you do not agree to be bound by all of these Terms of Use, then you must not access or use our Website.
3. Complying with Terms of Use
When accessing or using our Website, you must comply with these Terms of Use and all applicable laws at all times. These Terms of Use include our Privacy Policy and any other terms and conditions or policies that appear on our Website. In the event of a conflict between the provisions of these Terms of Use and any such other terms and conditions or policies, then these Terms of Use will prevail to the extent of the inconsistency unless otherwise expressly stated. In these Terms of Use, the meaning of general words is not limited by specific examples introduced by including, for example, or similar expressions.
4. Updates of Terms of Use
We reserve the right, in our sole discretion, to amend these Terms of Use at any time without prior notice. The amendments will be effective immediately on the updated Terms of Use being made available on our Website. You will be deemed to have agreed to be bound by such updated Terms of Use by continuing to access or use our Website after such updated Terms of Use have been made available. You are responsible for regularly reviewing the current Terms of Use, which are available on our Website each time before using it. If at any time you do not agree to these current Terms of Use, then you must immediately cease accessing and using our Website.
5. Use of Content
You acknowledge and agree that: (i) the Content is general in nature and does not constitute legal, financial, business or other expert advice on any subject matter; (ii) the Content is made available to you for use for non-commercial purposes and any other purpose approved in writing by us; (iii) the Content is not intended to be relied upon as advice for any particular purpose; (iv) you use any Content solely at your own risk; and (v) the Content may be changed, modified, altered, removed or updated at any time without notice to you. You may request that we provide you with advice that applies to your specific circumstances. Although we seek to ensure that the Content is accurate, complete and up-to-date, we do not make or give any representation or any warranty in respect of the Content, including, without limitation, any representation or warranty that the Content is accurate, complete or up-to-date.
6. Prohibited uses
You must not: (i) copy, reproduce, adapt, modify, distribute, republish, resell, download, display, communicate or transmit in any form, or by any means, any Content except to the extent expressly permitted by these Terms of Use; (ii) interfere with, impair or disrupt the use of our Website by any other user; (iii) interfere with, impair or breach any security or authentication measures of our Website; (iv) use data mining, screen scraping or any similar technologies to gather or extract data from our Website without our prior written approval; (v) access or use our Website to distribute any virus or other harmful code; (vi) access or use our Website to engage in any fraudulent or illegal activity or any other activity that we determine in our sole discretion to be inappropriate or unsuitable; (vii) use any of the Content for any commercial purpose without our prior written approval except to the extent expressly permitted by these Terms of Use; (viii) access or use our Website for any purpose that may damage or adversely affect our business interests including, without limitation, for the purpose of operating a business which competes with our business or soliciting users to use any product or service which competes with any of our products or services; (ix) access or use our Website in any way that may damage or adversely affect our reputation or goodwill or the reputation or goodwill of other users of our Website; (x) access or use our Website in breach of any applicable law; or (xi) access or use our Website otherwise than strictly in accordance with these Terms of Use.
7. User registration
You must register on our Website to access samples of our materials. You agree that all information that you provide to us for the purpose of registering on our Website to access samples of our materials will be accurate, complete and current. You agree to maintain the accuracy, completeness and currency of such information whilst you remain a registered user of our Website. We reserve the right in our sole discretion to refuse to register you on our Website to access samples of our materials for any reason, including, without limitation, if you: (i) provide us with any information that is not accurate, complete and current; or (ii) provide, or are associated with any business that provides, any product or service that competes with any of our products or services. We may cancel your registration on our Website if you: (i) breach these Terms of Use; (ii) attempt to register more than once; or (iii) do not log in to our Website for more than thirty (30) days after receiving a cancellation notice from us. You must at all times keep your password for your account for the use of our Website secure and confidential. You must immediately notify us and change your password if you suspect or become aware that another person has made or may make unauthorised use of your account for the use of our Website. You must not: (i) knowingly allow another person to use your account to access samples of our materials; or (ii) use another user’s account to access samples of our materials. You are solely responsible for all use made of samples of our materials when a person uses your account to access the samples.
8. Personal information handling
By providing us with your personal information, you consent to us collecting, holding, using, disclosing and otherwise handling it in accordance with our Privacy Policy. You must not provide us with any personal information about another person for any purpose unless you have obtained the person’s express consent and notified the person of the details required by all applicable privacy laws.
9. Ownership of intellectual property rights
We are the owner or licensee of all intellectual property rights (including, without limitation, all copyright and trade mark rights) in our Website. If you download or print any Content, then you must ensure that it is appropriately attributed to us unless otherwise expressly stated on our Website.
10. Suggestions, ideas and feedback
You grant us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide, unconditional licence (including the right to sub-licence) to exercise all intellectual property rights in any suggestions, ideas or feedback that you provide to us in connection with our Website or our business.
11. Links to our Website
You may link to our Website provided that you have obtained our prior written approval. We may, at our sole discretion, at any time determine that any link to our Website is misleading or otherwise inappropriate and request that you remove the link. If you do not immediately comply with a request by us to remove a link to our Website, then you must indemnify us against all costs, charges and expenses (including, without limitation, legal costs on a full indemnity basis) that we incur in having the link removed.
12. Links to third party websites
We have no responsibility for any third party websites or content linked to from our Website. You use any third party websites or content linked to from our Website solely at your own risk and subject to the terms and conditions of the third party. We do not endorse or sponsor any third party website or content by reason only of providing a link to the third party website or content from our Website. We also do not accept any responsibility or liability for any third party website or content linked to from our Website. We may at any time remove a link to any third party website or content linked to from our Website.
13. Disclaimer
You use our Website solely at your own risk on an “as is” and “as available” basis. We do not give any representation, warranty or guarantee in respect of our Website, including, without limitation, any representation, warranty or guarantee regarding the availability, reliability, quality, accuracy, completeness, currency, or suitability of our Website or that access to or use of our Website will be uninterrupted, error-free or free from viruses or other harmful code. To the full extent permitted by law, you use our Website and provide us with information over the internet solely at your own risk as the security of our Website and such information cannot be guaranteed.
14. Exclusion of implied terms
To the full extent permitted by law, we expressly exclude any condition, representation or warranty which would otherwise be implied, whether by law or otherwise, in these Terms of Use, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of any third party’s rights. Where any condition, warranty or representation is implied, whether by law or otherwise, in these Terms of Use which cannot lawfully be excluded, then our liability for any breach of such condition, warranty or representation will be limited at our discretion, to resupplying the services, paying the costs of supplying the services again or otherwise to the full extent permitted by law.
15. Exclusion of liability
To the full extent permitted by law, we will have no liability (whether in contract, in tort, under statute or in any other way and whether due to negligence or any other cause) to you for or in respect of any claims, actions, demands, proceedings, losses, damages, costs, charges, expenses or liabilities of any kind or nature whatsoever (including, without limitation, consequential, special or indirect losses, damages, costs, charges, expenses or liabilities) directly or indirectly arising out of, or in connection with, your access or use, inability to access or use, or your reliance on our Website.
16. Indemnity
You irrevocably and unconditionally agree to indemnify and release us and our officers, employees and agents from any claims, actions, demands, proceedings, losses, damages, costs, charges, expenses and liabilities of any kind or nature whatsoever (including, without limitation, legal costs on a full indemnity basis) directly or indirectly arising out of, or in connection with: (i) any breach by you of these Terms of Use; or (ii) your access to or use, inability to access or use, or your reliance on our Website. You agree that we hold the benefit of this indemnity and release on trust for each of our officers, employees and agents. You also agree that it is not necessary for us to incur any cost or expense or make any payment before enforcing any right of indemnity under these Terms of Use.
17. Australian Consumer Law
Nothing in these Terms of Use excludes, restricts or modifies any non-excludable right or remedy that you have under the Australian Consumer Law or any other law. exclusion or limitation which is contained in these Terms of Use will apply only to the full extent permitted by the Australian Consumer Law or any other law.
18. Termination, suspension and restriction
We may at any time terminate, suspend or restrict your access to or use of our Website without notice for any reason, including, without limitation, if you breach any of these Terms of Use. If your access to or use of our Website is terminated, suspended or restricted for any reason, then any provisions of these Terms of Use that are capable of continuing to have effect will survive and remain in full force and effect after or during such termination, suspension or restriction, respectively. The termination, suspension or restriction of your access to or use of our Website for any reason does not extinguish or otherwise affect any of our accrued rights or remedies under these Terms of Use.
19. Entire agreement
These Terms of Use constitute the entire agreement between you and us in connection with their subject matter.
20. Further acts and approvals
You agree to do everything necessary to give full effect to these Terms of Use. We may, in our sole discretion, give conditionally or unconditionally or withhold any approval or consent under these Terms of Use.
21. Assignment and transfer
You may not assign or otherwise transfer any of your rights or obligations under these Terms of Use. We may at any time, by notifying you, assign or otherwise transfer our rights and obligations under these Terms of Use to a related body corporate within the meaning of the Corporations Act 2001 (Cth) or any entity that purchases all or part of our business or assets. We may provide any such assignee or transferee with any or all Content that you have provided or otherwise made available to us in connection with our Website, including, without limitation, any personal information.
22. Waiver and severability
Any failure by us to exercise any right or remedy under these Terms of Use will not constitute a waiver of that right or remedy or any other right or remedy. If any provision of these Terms of Use is determined to be illegal, invalid or unenforceable in whole or in part under any law, then the whole or part of the provision will be deemed to be severed to the extent that it is illegal, invalid or unenforceable and replaced with a provision or part of a provision that is legal, valid and enforceable and to the extent possible has a similar effect for the purposes of these Terms of Use without affecting the validity of the other provisions.
23. Governing law and jurisdiction
These Terms of Use are governed by and to be construed in accordance with the laws of the State of Victoria, Australia. The courts of the State of Victoria, Australia, will have exclusive jurisdiction in respect of any dispute arising out of, or in connection with, these Terms of Use. We do not give any representation, warranty or guarantee that accessing or using our Website from a country outside Australia complies with the laws of that country. If you access or use our Website from a country outside Australia, then you are solely responsible for complying with the laws of that country.
These Terms of Use are effective as of 1 July 2024